15 June 2009
Ruling leaves brain injury victim closer to compensation
A man is one step closer to receiving a payout over serious injuries he suffered in a car accident.
Ben Wilkinson was a passenger in his mother's car which was being driven by his friend, Kieran Fitzgerald, when it crashed.
As a result of the impact, he sustained multiple fractures and damage to his brain which left him with physical disability, cognitive impairment and emotional changes, the Press and Journal reports.
The vehicle's insurers, Churchill, argued that he was not entitled to compensation as he had allowed Mr Fitzgerald to drive.
However, it was recently ruled that the firm - which was founded in 1989 - must cover Mr Fitzgerald in respect of Mr Wilkinson's claim and it does not have the right to recover the compensation from Mr Wilkinson.
Mr Justice Blair said: "I consider the insurer's contention in the present case results in the claimant victim being entirely uncompensated for his injuries, which is not a permissible outcome under the directives."